alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 10.53**

 

**FIRST AMENDMENT TO**

 

**EXELON CORPORATION**

 

**EXECUTIVE DEATH BENEFITS PLAN**

 

WHEREAS, ExelonCorporation, a Pennsylvania corporation (the “Company”), has adopted and maintains a supplemental death benefits plan for the benefit of selected executives titled “Exelon Corporation Executive Death Benefits Plan” (the“Plan”); and 

 

WHEREAS, the Company desires to amend the Plan(a) to freeze participation in the Plan, and (b) to provide a gross-up payment upon distribution of an insurance policy to a participant in the Plan. 

 

NOW, THEREFORE, RESOLVED, that pursuant to the power of amendment contained in Section 7.1 of the Plan, the Plan is amended, effective January 1, 2006,as follows: 

 

1. Article 1 of the Plan is amended by inserting thefollowing new sentence at the end thereof: 

 

Participation in the Plan isfrozen as of January 1, 2006 and an individual who is not a Participant as of January 1, 2006 shall not be a Participant at any time. 

 

 

2. Subdivision (H) of Article 2 is amended by adding the following new sentenceat the end thereof: 

 

An individual who is not a Participant as ofJanuary 1, 2006 shall not be a Participant at any time. 

 

3.Section 3.1 of the Plan is amended by adding the following new sentence at the end thereof: 

 

 

An individual who is not a Participant as of January 1, 2006 shall not be a Participant at any time.

 

4. Section 4.4 of the Plan is amended by adding the following newsentence immediately after the first sentence contained therein: 

 

Inaddition to distributing the Policy to the Participant, a payment shall be made in an amount (the “Gross-Up Payment”) such that after payment by the Participant’s Beneficiary of all taxes on income attributable to the distribution ofthe Policy, including, without limitation, any income taxes imposed upon the Gross-Up Payment, the Participant retains an amount of the Gross-Up Payment equal to all incomes taxes imposed upon the income attributable to the distribution of thePolicy. 

 

 

INWITNESS WHEREOF, Exelon Corporation has caused this Amendment to be executed by its duly authorized officer on this      day of                                , 2006. 

 

 
EXELON CORPORATIONBy:   Title:   
 

 
Attest:  
 

2
Editorial Note on Part 397
Editorial Note: Nomenclature changes to part 397 appear at 66 FR 49874, Oct. 1, 2001.

§ 397.103 Requirements for State routing designations. ( a ) The State routing agency, as defined in § 397.201(c), shall select routes to minimize radiological risk using “Guidelines for Selecting Preferred Highway Routes for Highway Route Controlled Quantity Shipments of Radioactive Materials,” or an equivalent routing analysis which adequately considers overall risk to the public. Designations must be preceded by substantive consultation with affected local jurisdictions and with any other affected States to ensure consideration of all impacts and continuity of designated routes.
( b ) State routing agencies may designate preferred routes as an alternative to, or in addition to, one or more Interstate System highways, including interstate system bypasses, or Interstate System beltways.
( c ) A State-designated route is effective when— ( 1 ) The State gives written notice to the Federal Motor Carrier Safety Administration: ( i ) By email to *HMRouting@dot.gov ;* or
( ii ) By certified mail, return receipt requested, to the Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-SE), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. Attention: National Hazardous Materials Route Registry.
( 2 ) Receipt thereof is acknowledged in writing by the FMCSA.
( 3 ) The route is published in the National Hazardous Materials Route Registry on FMCSA's website at *https://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry*.
( d ) A list of State-designated preferred routes and a copy of the “Guidelines for Selecting Preferred Highway Routes for Highway Route Controlled Quantity Shipments of Radioactive Materials” are available upon request to Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-EC), 1200 New Jersey Ave. SE, Washington, DC 20590-0001, or by email to *HMRouting@dot.gov .*
[57 FR 44131, Sept. 24, 1992, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007; 79 FR 59458, Oct. 2, 2014; 81 FR 68359, Oct. 4, 2016; 83 FR 22881, May 17, 2018; 83 FR 48726, Sept. 27, 2018; 87 FR 59037, Sept. 29, 2022]
## In The Court of Appeals Seventh District of Texas at Amarillo

No. 07 - 15 - 00217 - CV IN THE INTEREST OF S .L.J., S.D.J. AND S. F.J., CHILDREN On Appeal from the County Court at Law No 3

Lubbock County, Texas Trial Court No. 2012 - 501,593, Honorable Judy Parker, Presiding



### July 10 , 2015 MEMORANDUM OPINION Before QUINN, C.J., and HANCOCK and PIRTLE, JJ. J . K . J . , app ellant, attempts to appeal an order modifying possession of his three children. The order was signed on April 27, 2015. His notice of appeal was filed with the district clerk on June 1, 2015. We dismiss for failing to comply with a notice and court orde r requiring a response within a specified time. T EX . R. A PP . P . 42.3(c). Appellant’s notice of appeal was due on May 27, 2015. See T EX . R. A PP . P. 26.1. Though a ppellant filed a notice of appeal on June 1, 2015 , no motion requesting an extension of the deadline accompanied it. Under Texas Rule of Appellate Procedure 26.3, the Court may extend the time to file a notice of appeal if, within 15 days after the deadline expires, the appellant files the notice of appeal along with a motion requesting2

an exte nsion that reasonably explains the need for an extension. See T EX . R. A PP . P. 26.3 & 10.5(b). Although a motion for extension is implied when an appellant tenders a notice of appeal within 15 days after the notice deadline, it is still necessary for appe llant to reasonably explain the need for an extension. See Verburgt v. Dorner , 959 S.W.2d 615, 617, (Tex. 1997); Jones v. City of Houston , 976 S.W.2d 676, 677 (Tex. 1998). Because a ppellant filed a notice of appeal within 15 days after the deadline, a mot ion for extension wa s implied. Yet, we ordered him to explain, in writing and by June 26, 2015, why the notice of appeal was filed late. We also informed a ppellant that the fa ilure to comply with the directive would result in dismissal of the appeal. See T EX . R. A PP . P. 42.3. Tha t deadline also lapsed without a ppellant responding to our directive for an explanation. Accordingly, we dismiss the appeal under Texas Rule of Appellate Procedure 42.3(c) because appellant failed to comply with a notice and court order requiring a response within a specified time. Of course , a ppellant has 15 days to file a motion for rehearing w herein he may comply with our earlier directive. Per Curiam
Fourth Court of Appeals

San Antonio, Texas

September 3, 2014

No. 04-14-00617-CV

IN RE Teresita CUTLER

Original Mandamus Proceeding1

ORDER

Sitting: Marialyn Barnard, Justice

Rebeca C. Martinez, Justice

Luz Elena D. Chapa, Justice

On September 2, 2014, relator Teresita Cutler filed a petition for writ of mandamus and 

motion for emergency stay pending a ruling on the mandamus petition. The court has considered 

the petition for writ of mandamus and is of the opinion that relator is not entitled to the relief 

sought. Accordingly, the petition for writ of mandamus and motion for emergency stay are 

DENIED. See TEX. R. APP. P. 52.8(a). The court’s opinion will issue at a later date.

It is so ORDERED on September 3rd, 2014.

_____________________________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 3rd day of September, 2014.

_____________________________

Keith E. Hottle

Clerk of Court

1 This proceeding arises out of Cause No. 2013-CI-00007, styled In the Matter of the Marriage of Teresita Cutler 

and Ernest Eugene Cutler Jr., pending in the 166th Judicial District Court, Bexar County, Texas, the Honorable 

Richard Price presiding.
EBSA-2010-0050-DRAFT-0596.html[7/21/2015 6:36:37 AM]

PUBLIC SUBMISSION

As of: July 16, 2015

Received: July 08, 2015

Status: Pending_Post

Tracking No. 1jz-8jva-6mv7

Comments Due: July 21, 2015

Submission Type: Web

Docket: EBSA-2010-0050

Definition of the Term ‘‘Fiduciary’’; Conflict of Interest Rule—Retirement Investment Advice; Notice of

 proposed rulemaking and withdrawal of previous proposed rule.

Comment On: EBSA-2010-0050-0205

Definition of Fiduciary; Conflict of Interest Rule-Retirement Investment Advice and Related Proposed

 Prohibited Transaction Exemptions; Hearing and Comment Period Extension

Document: EBSA-2010-0050-DRAFT-0596

Comment on FR Doc # 2015-14921

Submitter Information

Name: Jeff Nelson

Address:

219 N Georgia Ave

Caldwell, ID, 83605

General Comment

I am perfectly capable of planning my own retirement. I have a Masters Degree from Notre Dame and feel more

 than qualified and knowledgeable of how to wisely plan my own future and in my opinion if someone is smart

 enough to put aside money and invest in an IRA or 401k they are more than likely astute enough to plan for its

 use.
Editorial Note on Part 365
Editorial Note: Nomenclature changes to part 365 appear at 66 FR 49870, Oct. 1, 2001.

§ 365.121 Filing a reply statement. ( a ) If the application is opposed, applicant may file a reply statement. This statement is due within 20 days after *FMCSA Register* publication.
( b ) The reply statement may not contain new evidence. It shall only rebut or further explain matters previously raised.
( c ) The reply statement need not be notarized or verified. Applicant understands that the oath in the application form applies to all evidence submitted in the application. Separate legal arguments by counsel need not be notarized or verified.
[Federal Register Volume 72, Number 177 (Thursday, September 13, 2007)]
[Notices]
[Page 52380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4508]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES


National Committee on Vital and Health Statistics: Meeting

    Pursuant to the Federal Advisory Committee Act, the Department of 
Health and Human Services (HHS) announces the following advisory 
committee meeting.

    Name: National Committee on Vital and Health Statistics (NCVHS).
    Time and Date:
     September 25, 2007, 9 a.m.-4 p.m.
     September 26, 2007, 10 a.m.-2:45 p.m.
    Place: Bethesda Marriott Hotel, 5151 Pooks Hill Road, Bethesda, 
MD 20814, Phone: (301) 897-9400.
    Status: Open.
    Purpose: At this meeting the Committee will hear presentations 
and hold discussions on several health data policy topics. On the 
morning of the first day the Committee will hear updates from the 
Department, the Centers for Medicare and Medicaid Services, and the 
Office of the National Coordinator. They will also hear updates and 
status reports from Subcommittees and hold a discussion on secondary 
uses of health records data. This discussion will be continued in 
the afternoon and the Committee will hear an update from the Quality 
Workgroup.
    On the morning of the second day the Committee will review its 
2005-2006 report to Congress and take action on other products as 
needed. In the afternoon there will be a continuation of the 
discussion on secondary uses of health record data and the remainder 
of the time will be spent on Committee administrative operations.
    The times shown above are for the full Committee meeting. 
Subcommittee breakout sessions are scheduled for late in the 
afternoon of the first day and in the morning prior to the full 
Committee meeting on the second day. Agendas for these breakout 
sessions will be posted on the NCVHS Web site (URL below) when 
available.
    Contact Person for More Information: Substantive program 
information as well as summaries of meetings and a roster of 
committee members may be obtained from Marjorie S. Greenberg, 
Executive Secretary, NCVHS, National Center for Health Statistics, 
Centers for Disease Control and Prevention, 3311 Toledo Road, Room 
2402, Hyattsville, Maryland 20782, telephone (301) 458-4245. 
Information also is available on the NCVHS home page of the HHS Web 
site: http://www.ncvhs.hhs.gov/, where further information including 
an agenda will be posted when available.
    Should you require reasonable accommodation, please contact the 
CDC Office of Equal Employment Opportunity on (301) 458-4EEO (4336) 
as soon as possible.

    Dated: September 5, 2007.
James Scanlon,
Deputy Assistant Secretary for Planning and Evaluation (SDP), Office of 
the Assistant Secretary for Planning and Evaluation.
[FR Doc. 07-4508 Filed 9-12-07; 8:45 am]
BILLING CODE 4151-05-M
Proposed Rule: Mandatory Reporting of Greenhouse Gas Emissions 

Meeting Documentation Meetings with Novellus 

Date Staff Contact Information 

(Name, email, phone #) 

Name of Organization (Attach list 

of all attendees names and emails 

if possible) 

Summary of Discussion (e.g., 

applicability, reporting requirements, etc.)

Written 

Comments 

Provided? 

Did they also 

submit to 

Docket? 

Date sent to 

EPA- CCD 

Discussions 

from 

September 

2009 to 

March 2010 

including site 

visits. 

Kirsten Cappel, 

cappel.kirsten@epa.gov, 

(202) 343-9556 

Novellus: 

• Paul Kryska 

(paul.kryska@novellus.com)

• Gishun Hsu 

(gish.hsu@novellus.com)

• EPA and EPA contractors 

Discussions items included: 

• Methods for tracking gas 

consumption including the use of 

heel factors; 

• Existing methods for estimating 

facility emissions and gas tracking 

by process; and 

• Abatement system destruction or 

removal efficiency testing. 

Also discussed refinement of 

semiconductor manufacturing 

process categories including ways 

process categories could be refined 

to best capture variability. In 

addition, discussed the availability 

of emission factors for the refined 

process categories. 

NA March 15, 

2010
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1224 

CAF 11-00707 

PRESENT: CENTRA, J.P., PERADOTTO, SCONIERS, VALENTINO, AND MARTOCHE, JJ. 

 

 

IN THE MATTER OF PHILEMON GREENE, 

PETITIONER-APPELLANT, 

V MEMORANDUM AND ORDER

SHEILA HANSON, RESPONDENT-RESPONDENT.

 

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (TIMOTHY S. DAVIS OF

COUNSEL), FOR PETITIONER-APPELLANT. 

 

Appeal from an order of the Family Court, Monroe County (Joan S.

Kohout, J.), entered March 4, 2011 in a proceeding pursuant to Family

Court Act article 4. The order denied petitioner’s objections to the

order of the Support Magistrate. 

It is hereby ORDERED that the order so appealed from is unanimously

affirmed without costs.

Memorandum: Petitioner father appeals from an order denying his

objections to the order of the Support Magistrate, wherein the Support

Magistrate found that the father had willfully violated a child support

order and denied his petition seeking modification of that order. 

Family Court properly denied the father’s objections. There is a

statutory presumption that the father had sufficient means to support

his minor children (see Family Ct Act § 437; Matter of Powers v Powers,

86 NY2d 63, 68-69), and the father’s failure to pay support as directed

in the support order constitutes “prima facie evidence of a willful

violation” (§ 454 [3] [a]). The burden then shifted to the father to

present “some competent, credible evidence of his inability to make the

required payments” (Powers, 86 NY2d at 70). The father did not meet

that burden inasmuch as he “failed to present evidence establishing that

he made reasonable efforts to obtain gainful employment to meet his . .

. support obligations” (Matter of Christine L. M. v Wlodek K., 45 AD3d

1452, 1452 [internal quotation marks omitted]). Indeed, although the

father testified that he has been a carpenter for 16 years, he did not

testify that he made any efforts to obtain any carpentry work once he

ceased to operate his construction company. The father likewise failed

to demonstrate a substantial change in circumstances that would justify

a downward modification of his support obligation because he presented

no “evidence establishing that he diligently sought re-employment

commensurate with his former employment” (Matter of Leonardo v Leonardo, 
-2- 1224 

CAF 11-00707 

94 AD3d 1452, 1453, lv denied 19 NY3d 807). 

Entered: November 16, 2012 Frances E. Cafarell

Clerk of the Court
Law Offices of Noel D. Cooper 

117 North Street, Suite 2 Telephone: (936) 564-9000 

Nacogdoches, Texas 75961 Telecopier: (936) 715-6022 

noelcooper@noelcooper.com 

September 22, 2015 

Cathy Lusk, Clerk 

TWELFTH COURT OF APPEALS 

1517 West Front Street, Suite 354 

Tyler, Texas 75702 

RE.: Docket Nos. 12-15-00031-CR and 12-15-00032-CR, Mitzi Gail Allgor v. 

State of Texas, pending in the Twelfth Court of Appeals of Texas, 

appealed from Cause Nos. CF1302373 and CF1302374, State of Texas v. 

Mitzi Gail Allgor, pending in the County Court at Law of Nacogdoches 

County, Texas 

Dear Ms. Lusk: 

 I have complied with TEX. R. APP. P. 48.4. Enclosed for filing please find a copy 

of the postmarked U.S. Postal Service Certified Mail Receipt addressed to Ms. Allgor at 

the address below. In addition, I have enclosed correspondence received from the 

United States Postal Service regarding the return receipt for the mailing.

 I appreciate your time and attention to this matter. 

Very truly yours, 

/s/Noel D. Cooper 

Noel D. Cooper 

Enclosures 

cc: Nacogdoches County Attorney 

Mitzi Gail Allgor 

3606 Old Lufkin Road 

Nacogdoches, Texas 75964 

ACCEPTED

12-15-00031-CR

TWELFTH COURT OF APPEALS

TYLER, TEXAS

9/22/2015 10:48:03 AM

Pam Estes

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 9/22/2015 10:48:03 AM PAM ESTES Clerk

Date: September 18, 2015

N Cooper:

The following is in response to your September 15, 2015 request for delivery information

on your Certified MailTM/RRE item number 9414811899563807733644. The delivery

record shows that this item was delivered on September 11, 2015 at 10:54 am in

NACOGDOCHES, TX 75964. There is no delivery signature on file for this item.

Thank you for selecting the Postal Service for your mailing needs. If you require

additional assistance, please contact your local Post Office or postal representative.

Sincerely,

United States Postal Service
[Federal Register Volume 72, Number 185 (Tuesday, September 25, 2007)]
[Notices]
[Pages 54508-54509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4736]


=======================================================================
-----------------------------------------------------------------------

TENNESSEE VALLEY AUTHORITY


Sunshine Act Meeting

Agency Holding the Meeting: Tennessee Valley Authority (Meeting No. 07-
05).

Time and Date:  9 a.m. CDT, September 27, 2007, Huntsville Marriott, 5 
Tranquility Base, Huntsville, Alabama 35805.

Agenda

Old Business

    Approval of minutes of August 1, 2007, Board Meeting.

[[Page 54509]]

New Business

1. President's Report.
2. Report of the Finance, Strategy, and Rates Committee:
    A. TVA annual budget for FY 2008.
    B. Asset Retirement Obligations Trust.
    C. Regulatory accounting changes.
    D. Authorization to issue bonds.
    E. Customer issues.
    i. Extension of contract with a directly-served customer.
    ii. New interruptible product--60-Minute Response program.
3. Report of the Operations, Environment, and Safety Committee:
    A. Combined cycle project.
    B. Bellefonte Combined Construction Permit & Operating License 
Application.
4. Report of the Human Resources Committee:
    A. Winning Performance measures and balanced scorecard.
    B. TVA Contribution to TVA Retirement System.
    C. Award of contract for prescription drug benefits.
5. Report of the Audit and Ethics Committee:
    A. Selection of external auditor.
6. Report of the Community Relations Committee.
7. Report of the Corporate Governance Committee:
    A. Appointment of assistant secretary.

    For more information: Please call TVA Media Relations at (865) 632-
6000, Knoxville, Tennessee. Information is also available at TVA's 
Washington Office (202) 898-2999. People who plan to attend the meeting 
and have special needs should call (865) 632-6000. Anyone who wishes to 
comment on any of the agenda in writing may send their comments to: TVA 
Board of Directors, Board Agenda Comments, 400 West Summit Hill Drive, 
Knoxville, Tennessee 37902.

    Dated: September 20, 2007.
Maureen H. Dunn,
General Counsel and Secretary.
[FR Doc. 07-4736 Filed 9-21-07; 2:28 pm]
BILLING CODE 8120-08-P
§ 390.7 Rules of construction. ( a ) In part 325 of subchapter A and in this subchapter, unless the context requires otherwise: ( 1 ) Words imparting the singular include the plural;
( 2 ) Words imparting the plural include the singular;
( 3 ) Words imparting the present tense include the future tense.
( b ) In this subchapter the word— ( 1 ) *Officer* includes any person authorized by law to perform the duties of the office;
( 2 ) *Shall* is used in an imperative sense;
( 3 ) *Must* is used in an imperative sense;
( 4 ) *Should* is used in a recommendatory sense;
( 5 ) *May* is used in a permissive sense; and
( 6 ) *Includes* is used as a word of inclusion, not limitation.
[53 FR 18052, May 19, 1988, as amended at 60 FR 38744, July 28, 1995; 83 FR 16226, Apr. 16, 2018]
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

CHARLES DENNIS BRITTON,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 56 WM 2014

ORDER

PER CURIAM

AND NOW , this 24 th day of September, 2014, the Petition for Allowance of

Appeal Nunc Pro Tunc is GRANTED . While counsel did not demonstrate that the

failure to file a timely Petition for Allowance of Appeal was the result of anything other

than counsel’s negligence, Petitioner is entitled t o a counsel-filed Petition for Allowance

of Appeal. See Pa.R.Crim.P. 122; Commonwealth v. L iebel, 825 A.2d 630 (Pa. 2003).

Counsel is DIRECTED to file a Petition for Allowance of Appeal within 15 days of this

order.
#### § 236.760 Locking, approach.

Electric locking effective while a train is approaching, within a specified distance, a signal displaying an aspect to proceed, and which prevents, until after the expiration of a predetermined time interval after such signal has been caused to display its most restrictive aspect, the movement of any interlocked or electrically locked switch, movable-point frog, or derail in the route governed by the signal, and which prevents an aspect to proceed from being displayed for any conflicting route.
EBSA-2010-0050-DRAFT-1012.html[7/22/2015 6:27:33 AM]

PUBLIC SUBMISSION

As of: July 16, 2015

Received: July 08, 2015

Status: Pending_Post

Tracking No. 1jz-8jvc-ngmc

Comments Due: July 21, 2015

Submission Type: Web

Docket: EBSA-2010-0050

Definition of the Term ‘‘Fiduciary’’; Conflict of Interest Rule—Retirement Investment Advice; Notice of

 proposed rulemaking and withdrawal of previous proposed rule.

Comment On: EBSA-2010-0050-0205

Definition of Fiduciary; Conflict of Interest Rule-Retirement Investment Advice and Related Proposed

 Prohibited Transaction Exemptions; Hearing and Comment Period Extension

Document: EBSA-2010-0050-DRAFT-1012

Comment on FR Doc # 2015-14921

Submitter Information

Name: Lisa Millenbach

General Comment

Don't you have enough to worry about getting jobs in this country??

I'm sick of your stupid bureaucratic bullying!

Stop the madness. Stop the communist theory. Those who can will, those who can't depend on those who can.